BNJ_RFP.pdf

Justification for Brand Name Exception to Fair Opportunity Exceeding the SAT pursuant to FAR 16.505(a)(4)

Date: 05/22/2017 PR Number: WX02398Y2017T

1. FEMA Maynard MERS Detachment and the Office of Procurement Operations, (OPO Division), prepared this Justification for an Exception to Fair Opportunity.

2. Nature and/or description of the action being approved.

DHS/OPO intends to award a purchase order without considering other awardees under contract number pursuant. Pursuant to FAR 16.505(a)(4), restricting consideration to an item peculiar to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer) must be justified. A brand-name item, even if available on more than one contract, is an item peculiar to one manufacturer.

3. Description of the supplies or services required to meet the agency's need:

7 each Air beam soft Shelter System (Part Number SS-202110-01) 20'Wide X 21 'Long x IO'High, Type 01. Includes AIRBEAM Support Structure, Air Frame, Outer Skin, Inside Skin, Plenum, Staking Kit, Repair Kit and Bag, Integrated Removable Floor, 2 End Doors, 4 Windows, Side ECU Ports and Integrated Plenum. Blower, 260CFM, Blower Compressor High Pressure, 11 OV, 1 Ph., 60HZ. Light Kit for Shelter System. Ground Shipping to MERS Bothell, WA; MERS Denver, Co, MERS Thomasville, Ga; MERS Denton, TX; Frederick, MD and MERS Maynard, Ma. The estimated value is

4. Identify the exception to fair opportunity and supporting rationale. Only one awardee is capable of providing the supplies required at the level of quality required because the supplies ordered are unique or highly specialized pursuant to F ARI 6.505(b )(2)(i)(B) and is an item peculiar to one manufacturer:

OPO intends to procure a brand name specification for Air beam Soft Shelter System in accordance with FAR 16.505(a)(4)(i) or (ii). The exception is based on FAR 16.505(b)(2)(i)(B), only one source is capable of providing the Air beam soft Shelter System because the Air beam soft Shelter System is unique or highly specialized and is a brand name item peculiar'to the Original Equipment Manufacturer (OEM).···The brand name must be used.because it manufatures the only shelter that can withstand winds of 55 MPH with Gusts up to 65 MPH, withstand snow loads up to lOlbs/Sq. Inch and withstand 2 inches per hour rain intrusion and able to auto deploy by 1 person. Market research indicates that the only tents available that are made to the above standards are Airbeam Soft Shelters Part Number SS-202110-01.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

This requirement will be posted on FBO. The lowest priced quote received by the Contract Specialist will be sent to the Program Office for technical verification and id accepted will be compared to the IGCE to determine if pricing is fair and reasonable.

6. Any other facts supporting the justification.

These shelters are vital to the MERS emergency responders and have to meet the rugged requirements described above in order to meet safety requirements of the occupants.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

The Program Office will continue.to monitor the market palce for shelters that can meet the standards to ensure the safety of emergency responders.

8. DHS intends to post this requirement on FedBizOpps pursuant to FAR 16.505(b)(2)(ii)(D).

9. Technical/Requirements Personnel Certification.

Pursuant to FAR 16.505(b)(2)(i)(B)(9), I certify that this requirement meets the Government's minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

KEVIN J

CANFIELD SR.

Digitally signed by KEVIN J CANFIELD SR.

DN: c=US, o=U.S. Government, ou=Department of Homeland Security, ou=FEMA. ou=People, cn=KEVIN J (:f\NFIELD SR~

0.9.2342.19200300.100.1. 1 =0183355921.FEMA.1

Date: 2017.05.2611:16:01 ·04'00'

Technical Representative/COR

10. Contracting Officer Certification and/or Approval *

26May2017

Date

Pursuant to FAR 16.505(b )(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exception to fair opportunity exist:

No~------- Date

Contracting Officer

*Note: In accordance with FAR 16.505(b)(2)(ii)(C)(l), proposed orders with an estimated value exceeding the simplified acquisition threshold, but not exceeding $650,000, the ordering activity contracting officer's certification that the justification is accurate and complete to the best of the ordering activity contracting officer's knowledge and belief will serve as approval. For OPO, the contracting officer should sign each justification prior to approval by the next higher level (e.g., Competition Advocate, HCA, and/or CPO).

Over $650,000 but not exceeding $12.5 million Date Component Competition Advocate

Over $12.5 million but not exceeding $62.5 million Date Head of Contracting Activity

Over $62.5 million Date Chief Procurement Officer